Good question. But, another question is, "What is the extent of the potential harm?" If the harm doesn't involve health, safety, or large-sums-of-money, I doubt any action will be taken by legal officials; thereby, making it less-likely that eBay would even take any action.
WC cards on Ebay
- Thread starter FunnyBear
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This is my finding since I am one of the buyers of this what I call Fake card
I just looked at ebay and searched for NBI Items Luxray X and the one i bought popped up
I forgot to read the Item discription and was verry angry when i received the card
I contacted the seller but I think she had this more often so an forehand she refuses to give refund
When you go and look in her ebay store you will find out that there are a lot more of these cards in her posession
Ans about leaving negative feedback
i did that and then got emails from what I think are buddies from those sellers to tkae away my Neg Feedback and that I should know better because it reads WC cards
When it Reads World deck cards I know what it is bvut when I read WC card how should I know I am not of the shortcutswords age anymore
btw
I bought from Ashley and payed 15 bucks for one Luxray X that is in the dustbin now
By accident she send me another that has disapeared there as well
I just looked at ebay and searched for NBI Items Luxray X and the one i bought popped up
I forgot to read the Item discription and was verry angry when i received the card
I contacted the seller but I think she had this more often so an forehand she refuses to give refund
When you go and look in her ebay store you will find out that there are a lot more of these cards in her posession
Ans about leaving negative feedback
i did that and then got emails from what I think are buddies from those sellers to tkae away my Neg Feedback and that I should know better because it reads WC cards
When it Reads World deck cards I know what it is bvut when I read WC card how should I know I am not of the shortcutswords age anymore
btw
I bought from Ashley and payed 15 bucks for one Luxray X that is in the dustbin now
By accident she send me another that has disapeared there as well
baby mario
Front Page Article Editor<br><a href="http://pokeg
The seller deceived you.
Bullying you into removing the negative feedback is wrong. I guess that's how they get away with it.
Stand up to those creeps and maybe less people will get ripped off in future. There's nothing they can do to you. If they threaten legal action just laugh in their stupid greedy faces.
Bullying you into removing the negative feedback is wrong. I guess that's how they get away with it.
Stand up to those creeps and maybe less people will get ripped off in future. There's nothing they can do to you. If they threaten legal action just laugh in their stupid greedy faces.
NoPoke
Active Member
I wonder if the USA's mail fraud laws might apply?
http://en.wikipedia.org/wiki/Mail_fraud Wikipedia is obviously not a source for legal advice but the paragraph that covers a misleading description does seem to apply.
http://en.wikipedia.org/wiki/Mail_fraud Wikipedia is obviously not a source for legal advice but the paragraph that covers a misleading description does seem to apply.
AzNightmare
New Member
Tricky? Yes
Illegal? No
I see no problems with it, as it is carefully described in the description.
If you are uncertain, send a message to the seller and ask to confirm before bidding/buying (as a picture can be misleading sometimes).
But yes, if you see a silver border, and a signature, it's a WC card.
For those that didn't realize the difference, that's too bad.
As to how much a card is worth, that's really subjective. If someone is willing to pay $40 for a WC card, maybe that's how much it's worth then. Afterall, each card is really just a piece of cardboard. A Claydol could be worth 2cents to someone that doesn't care about Pokemon TCG.
Mind you, I'm not an eBay seller myself, so I am not taking their side. I am looking at this from a neutral point of view. I just believe in the fact that if people need to ask questions and not assume on eBay. That's how eBay works. Always ask and make sure you know what you are buying before you purchase. I've been buying cards from eBay for quite a while now, and never had any issues, because I simply know what I'm doing.
Illegal? No
I see no problems with it, as it is carefully described in the description.
If you are uncertain, send a message to the seller and ask to confirm before bidding/buying (as a picture can be misleading sometimes).
But yes, if you see a silver border, and a signature, it's a WC card.
For those that didn't realize the difference, that's too bad.
As to how much a card is worth, that's really subjective. If someone is willing to pay $40 for a WC card, maybe that's how much it's worth then. Afterall, each card is really just a piece of cardboard. A Claydol could be worth 2cents to someone that doesn't care about Pokemon TCG.
Mind you, I'm not an eBay seller myself, so I am not taking their side. I am looking at this from a neutral point of view. I just believe in the fact that if people need to ask questions and not assume on eBay. That's how eBay works. Always ask and make sure you know what you are buying before you purchase. I've been buying cards from eBay for quite a while now, and never had any issues, because I simply know what I'm doing.
AzNightmare
New Member
I still disagree. He exploited a simple fact that no one reads carefully or fail to do research before purchasing.
He never false advertised. And some places even clearly state "Not Tournament Legal"
pokemonforever
New Member
Unfortunately, FTC doesn't have jurisdiction over these things. Ultimately, it'll be eBay's responsibility. As host of the marketplace, they have to enforce their policies and other legalities noted in common business law. But since they can't catch every single auction that violates their tons of policy restrictions, sometimes a little push is necessary.
The particular seller ashley46825 is clearly violating eBay policy by misrepresenting an item, which is fraud. For those who want a reference, please review the eBay User Agreement section 3, bullet 8. As many have already stated, the declaration of the card's worth is not backed by any relevant evidence of the sort. One could also argue that the 'uncommon' abbreviation "WC" is an insufficient description. However that would be a moderately difficult one to pull off, seeing how the title of this thread is "WC cards on Ebay".
In particular for auction number 230407676304, the phrase "Worth 30.00!" is libel and misleading to the consumer who gives consideration for a product. And if you want to go further, the phrase "International buyers please contact me for shipping" is a violation of eBay's Selling Practices Policy. All terms and conditions including shipping and handling method, costs, and other information, must be stated within the listing.
One could probably invoke tort law into this, but it has been a while since I last took a business law course. Tricky doesn't always mean illegal. But illegal is always tricky. Either way, they are poor business practices.
The particular seller ashley46825 is clearly violating eBay policy by misrepresenting an item, which is fraud. For those who want a reference, please review the eBay User Agreement section 3, bullet 8. As many have already stated, the declaration of the card's worth is not backed by any relevant evidence of the sort. One could also argue that the 'uncommon' abbreviation "WC" is an insufficient description. However that would be a moderately difficult one to pull off, seeing how the title of this thread is "WC cards on Ebay".
In particular for auction number 230407676304, the phrase "Worth 30.00!" is libel and misleading to the consumer who gives consideration for a product. And if you want to go further, the phrase "International buyers please contact me for shipping" is a violation of eBay's Selling Practices Policy. All terms and conditions including shipping and handling method, costs, and other information, must be stated within the listing.
One could probably invoke tort law into this, but it has been a while since I last took a business law course. Tricky doesn't always mean illegal. But illegal is always tricky. Either way, they are poor business practices.
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Show me your hand and I'll find a loophole somewhere. There's no way this seller is in the wrong. You may find a defense ridiculous but as long as its feasible you're not touching the seller. Heck one could even argue that "worth 30.00" doesn't refer to currency.
I'm not this ebay seller but I have every intention of selling some of these in the near future.
I'm not this ebay seller but I have every intention of selling some of these in the near future.
Seriously. You would try to make that argument? On a forum (eBay) where products are valued based on currency you would attempt to make the argument that the context of currency does not apply. Seriously.
Please post your eBay seller ID so I make sure that I don't buy from you.
richkid50000
New Member
well heres the thing if youre a pokemon player you know when you look at it if its a WC card or not. its got the gray edge and the WC background. if you dont play pokemon well then read more. i personally think its fine. they arent deceiving anyone(okay they are) just trying to make a living. Somehow you have to make money and this is how they do it. but all you have to do is look at the edge of the card to find out if its WC or not. and the back is even simpler to tell. is says right there its a WC card.
It may be that it this whole issue involves too small an amount of money to get a law enforcement agency to act, but there's something that we can do as a community.
Put your Flygon X, Uxie X, etc from the WC decks on Ebay as Buy it Now for $0.50 and Free Shipping with copy like:
Card from the WC or World Championship Decks!
Not Tournament Legal, cannot be played in sanctioned events!
This is a reprint of a card from Rising Rivals!
Not to be confused with the real Rising Rival card worth $30!
Buy it now for $0.50! Do not pay big money from con artists trying to pass this off as the real Rising Rivals card!
To learn more about WC/World Championship cards, see this discussion thread
http://pokegym.net/forums/showthread.php?t=115934
Does anyone think this activity violates any law, Ebay, or Pokegym rule? If we can't go after the seller, we can perhaps destroy their market. Mew35, why don't you dig those Luxray GL Xs out of the dustbin and put them up?
Brb, going to Target to buy a WC deck.
Put your Flygon X, Uxie X, etc from the WC decks on Ebay as Buy it Now for $0.50 and Free Shipping with copy like:
Card from the WC or World Championship Decks!
Not Tournament Legal, cannot be played in sanctioned events!
This is a reprint of a card from Rising Rivals!
Not to be confused with the real Rising Rival card worth $30!
Buy it now for $0.50! Do not pay big money from con artists trying to pass this off as the real Rising Rivals card!
To learn more about WC/World Championship cards, see this discussion thread
http://pokegym.net/forums/showthread.php?t=115934
Does anyone think this activity violates any law, Ebay, or Pokegym rule? If we can't go after the seller, we can perhaps destroy their market. Mew35, why don't you dig those Luxray GL Xs out of the dustbin and put them up?
Brb, going to Target to buy a WC deck.
pokemonforever
New Member
Yes, one could argue that "Worth 30.00" does not refer to currency. While it's a valid argument, it's a poor one in my opinion. You'd need one heck of a lawyer to pull that one off because that auction was posted in a marketplace that deals exclusively with payments through money. There are probably better arguments than this one to persuade that the seller did no wrong.
And for the future, as long as you state the very least of "World Championship" and/or "Not Tournament Legal" and especially don't make any generalizations, then you should be in the clear. Generalizations give the illusion that someone could be doing something wrong. The fewer people who interpret it that way, the fewer arguments that would arise from it. There's nothing wrong with advertising what the card clearly is and people buying it at exorbitant prices, so feel free to go for it.
FunnyBear, yes you can destroy their market by oversupplying. I still have an issue with the generalizations of card values without any evidence of it being so. Just because a group of people puchased an item between some range in time for some price, it doesn't mean the item is worth that price. Look at Claydol nowadays. It would be better to state, "Not to be confused with the tournament-legal Rising Rival card that is shiny/holographic" and have a picture to compare the two.
Note that I personally avoid the word "real" because it can be misconceived. If given the option, I would prefer to use the world "original" to compare the first printed card to the second printed card.
I would also avoid to call them "con artists" since you may be defaming certain sellers who market the same product.
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nnaann
New Member
Wow, that makes your argument seem pretty desperate
Theres always loopholes of that kind in any argument. I could buy a card off you in person for say £15, then proceed to pound you 15 times thus giving you the 15 pounds? Judging by your logic, this is ok?No, con artists "that are trying to pass this off as the real Rising Rivals card" is a self-referencing definition of a con artist in this context. As long as I don't name sellers, I am clear of any defamation claims. I agree with the use of the word "original" as opposed to "real", though "actual" might be better. The reference to the thread might be dodgy as it names sellers, so I may omit that.
To these posters that think they can "make an argument" that "worth 30.00" can be claimed to not be $30.00 or that the use of the letters WC in the ad means that the ad is not misleading, watch too many law shows on TV. In the real world, the law is not a game of magic words and phrases and judges and juries are permitted to use common sense to determine intent from the totality of the evidence. If this ever got prosecuted, the DA would offer a $5000 fine, reimbursement to the victims, and an agreement to close your Ebay store or you can go to trial on mail fraud charges which will result in larger fines and jail time if convicted. How do you feel about your "arguments" now?
Guys, I've been playing devil's advocate all along. I don't really condone this, if the intention is to deceive. If not, however, then I honestly don't see a problem with selling these cards individually, some people don't mind that they're not tournament legal and simply want a nice flashy card. In this case they may want to buy the card individually (for a percentage of the cost of the theme deck, whatever that may be). The "Worth 30.00" line is obscene. I just wanted to open people's eyes to the other side of the argument. It's not neccesarily my argument.
pokemonforever wins the topic. You're clearly a very intelligent person.
pokemonforever wins the topic. You're clearly a very intelligent person.
FACT: If you can BUY the WORLD CHAMPIONS DECK for 10.00 with 2 Luxary GL level X's, one of those cards is NOT a 30.00 value.
By law they are FALSE advertising by claiming the card(s) are worth that much. Technically he is not breaking the law by selling the card ALONE but saying it is worth 30.00 is...These people are taking advantage of those who do not know much about trading cards values. It's because of these people that you can never trust who you are buying from and have to shop much more carefully then ever before. If they were honest, they would say and sell this card for a 1$ or less because it comes in a 10$ DECK...that's a scam and they are well aware of it. It even says ON THE BOX it is for collectors and are ILLEGAL in tournaments. Collectors already know you get the whole deck for 10$ SO who are they trying to sell too?
The ORIGINAL Luxary GL Level X card - WITHOUT someone's name, WITHOUT a silver border on it is 35 to 40$. Even a collector knows that...
By law they are FALSE advertising by claiming the card(s) are worth that much. Technically he is not breaking the law by selling the card ALONE but saying it is worth 30.00 is...These people are taking advantage of those who do not know much about trading cards values. It's because of these people that you can never trust who you are buying from and have to shop much more carefully then ever before. If they were honest, they would say and sell this card for a 1$ or less because it comes in a 10$ DECK...that's a scam and they are well aware of it. It even says ON THE BOX it is for collectors and are ILLEGAL in tournaments. Collectors already know you get the whole deck for 10$ SO who are they trying to sell too?
The ORIGINAL Luxary GL Level X card - WITHOUT someone's name, WITHOUT a silver border on it is 35 to 40$. Even a collector knows that...
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